failture to provide 2nd time

[rockyroad]

hi please can I have some advise please I'm a female I'm horrified at what ive done carnt believe it! the other night I got pulled up for suspected drink driving (other road user contacted police saying I was swerving). I stopped the car as I had a blown tire then the police came, to be honest I wasn't well been taking night nurse all day because of sore throat and had a bottle of wine.

I let rip with the cops and made a real bad seen. I asked them to ring my mate which he came and he told me there was a empty beath test on roof of car I carnt rember if I blown into it or not. I was telling the police woman that I want to smash her face to give her a good excuse to jail me cus I was so mad I'm not proud of this and later apoligized to her. when we got back to the station I asked what I was being charged with he said suspected drink driving so I said yes only suspected so u carnt prove I was actually driving. then I went on the machine I tried 6-9 times to blow but because of my sore throut and lack of breath dur to being ill I couldn't do it was even getting anyoled with myself because I was really trying. then I said to the cop this isn't fair I'm ill I carnt blow so does that mean I'm gona get done for failure and she said I'm afraid so! but it wasn't my fault WHY DIDNT SHE ASK FOR A URINE OR BLOOD TEST! she knew I was genuinely struggling.

I know ive done wrong but feel like I'm being penalized for something I havnt done. at 6am in morning I blow in a small machine and it was around 42 don't know if they logged that down or not.

I'm so worried I carnt remember if it was 10 or 11 years ago I was going through a nervous breakdown I didn't have a lience then and had a real bad drink problem and I got done for drink driving then 6months later I got done again 1 drink drive and another fail to provide so the court joined the two cases together and I got a 5year ban and 3months prison sentence. since then I have got my act together and only had 1 drunken disorderly in that time was t total but I had a relapse the other night. I'm so scared I look like a awfull person on paper but I'm not. please help me

 

[SeanJoyceStephensons]

Your last experience just goes to show that the courts can and do impose long sentences and sometime send people to prison for drink driving offences.

If the most recent of your two previous convictions was within 10 years of the date of this latest incident then the minimum ban upon conviction would be 3 years.

Your behaviour towards the police at the scene may be referred to by the prosecutor in court and could be treated as an aggravating factor by the magistrates which could lead to an increased punishment.

Even for a first offence, the starting point for failing to provide is usually around an 18 month ban.

Ordinarily, the police are under no obligation to offer you a blood or urine test instead of breath, unless there is a genuine medical reason for you being unable to provide. If your medical condition at the time physically prevented you from providing enough breath to register and for analysis then, in principle, this can amount to a "reasonable excuse" and a defence in law. However, the court will want to know why you were incapable of providing a breath sample shortly after 2am but were perfectly able to do so at 6am the same day. The fact you were able to provide a complete sample only four hours later is evidence that will count against you.

Medical evidence would be needed to prove that your medical condition prevented you from providing a sample. You should also request the CCTV evidence from the custody suite which may show the extent of your efforts to provide.